JAGDISH ALIAS PATEL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned Counsel for the petitioners as well as the learned Public Prosecutor for the State and perused the case diary made available for perusal at the time of arguments.

(2.) Counsel for accused-petitioners appearing in Bail Applications No. 6980/2006, 6272/2006 and 6118/06 submits that an FIR was lodged of the present incident on 14th June, 2006 by Matin Miya, son of the deceased, who is also one of the eyewitnesses and apart from it, Jagdish and Sitaram who were also eyewitnesses and as alleged were injured. All the three have specifically named Kailash, Ramesh and Khemraj who have caused blow upon the deceased and against present accused-petitioners there is a general allegation and apart from it, the incident as alleged took place in between 11-12 a.m. and before the said incident, the police also lodged FIR No. 38/2006 on 14th June, 2006 itself wherein it has been alleged that the complainant along with other members have come forward to disturb the law and order situation and few of the police members were also injured by them.

(3.) On a specific question put to the learned Public Prosecutor as to whether any specific allegation about the present incident with regard to deceased in any manner has connected to either of the accused- petitioners or not. He has read before me the statements of all the three eyewitnesses and nothing has come forward with regard to present accused-petitioners with any direct allegation of either of the parties.